Opinion

Rosow v. City of San Antonio

  • 30 Tex. Sup. Ct. J. 564
  • 734 S.W.2d 659
  • 1987 Tex. LEXIS 367
Court
Texas Supreme Court
Filed
Jul 8, 1987
Status
Published
Author
Spears
On the bench
Ray, Spears, Wallace, Robertson, Mauzy
Cited by
7 cases

terminated employee with civil service status appealed from a jury verdict based on arbitrary and capricious failure of decision maker to consider facts presented to civil service commission during hearing; no issue presented on modification or repeal of underlying right

How later courts described this case

  • terminated employee with civil service status appealed from a jury verdict based on arbitrary and capricious failure of decision maker to consider facts presented to civil service commission during hearing; no issue presented on modification or repeal of underlying right
  • defendant’s failure to challenge that portion of the judgment based upon a civil rights claim under 42 U.S.C. § 1983 required that the judgment stand.

Written by the judges who cited it.

The opinion

SPEARS, Justice,

concurring.

I concur in the majority’s opinion. The court of appeals erred in holding that Ro-sow’s suit was, in substance, a suit for review of an administrative decision requiring the application of the substantial evidence rule. Rosow pleaded her case under 42 U.S.C. § 1983 and presented evidence in support of that claim. The jury found for Rosow on her § 1983 issue. The City failed to object to any of these actions.

I concur in affirming the judgment of the trial court solely because the City failed to attack the issues of the propriety of her § 1983 claim, the evidence supporting it, or the accompanying jury issue; these were not preserved for review by the City.

The court’s opinion should not be read as recognizing that a § 1983 cause of action arises each time a municipal employee is terminated.

WALLACE, ROBERTSON and MAUZY, JJ., join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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